Court No. - 7 Case :- WRIT - B No. - 174 of 2025 Petitioner :- Himalyan Sahkari Grih Nirman Samiti Ltd. Lko. Thru. Secy., Tara Singh Bisht Respondent :- State Of U.P. Thru. Addl. Chief Secy., Revenue Deptt., Lko. And Othrs Counsel for Petitioner :- Prabhat Kumar,Vinay Kumar Mishra Counsel for Respondent :- C.S.C. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the petitioner and learned State Counsel for the respondents. 2. By means of the present writ petition, the petitioner has prayed for the following relief(s) :- i) issue a writ order or direction in the nature of certiorari for quashing the impugned order dated 02.01.2025 passed by the opposite party No.2 i.e. Board of Revenue U.P. Lucknow as well as also prays for quashing the order dated 23.04.2024 passed by opposite party No. 3 i.e. Tehsildar, Tehsil Chinhat, District Lucknow which is contained as Annexure No. 1 and 2 to this writ petition." 3. Learned counsel for the petitioner submits as under: (i) The dispute relates to mutation of Plot No. 1004 (Sa) situated at Village Bharwara, Tehsil and District Lucknow, which was recorded in the name of Ram Bihari, Ram Jiyawan and Ram Khelawan sons of Mansaram. (ii) Ram Jiyawan died on 07.03.1984 and the dispute arose after the death of Ram Jiyawan, relating to his share only. (iii) Ram Khelawan applied for mutation in place of Ram Jiyawan on the basis of registered Will dated 22.08.1985. (iv) Rampal and Hanuman, sons of Ram Bihari, denied the execution of Will in favour of Ram Khelawan and also claimed their rights. (v) The Naib Tehsildar on 12.04.1993 allowed mutation of Ram Khelawan. (vi) Ram Pal and Hanuman sons of Ram Bihari, filed an appeal before Sub-Divisional Officer, Chinhat, Lucknow, against the order dated 12.04.1993 passed by the Naib Tehsildar, which was dismissed on 04.06.1999 and thereafter Ram Pal and Hanuman approached before Commissioner by means of Revision, which was allowed vide order dated 28.11.2002 and the matter was remanded before Naib Tehsildar. (vii) Against the order dated 28.11.2002 Ram Khelawan filed a Revision before the Board of Revenue, which was dismissed on 22.11.2006. (viii) During the pendency of above proceedings Ram Pal and Hanuman Prasad sold their one third undisputed share in favour of Hargange Society on 07.08.2002. (ix) After the sale deed dated 07.08.2002 the name of Hargange Society was mutated in plaee of Ram Pal and Hanuman Prasad with respect to their share. (x) Ram Khelawan also sold his share in plot No. 1004 in favour of Himalyan Sahkari Grih Nirman Samit through sale deed dated 03.10.2003 and its name in place of Ram Khelawan was mutated and the society was impleaded in mutation proceeding of deceased Ram Jiyawan. (xi) Ram Pal and Hanuman have also sold theri respective share in property of Ram Jiyawan in favour of petitioner i.e. Bahujan Nirbal Sahkari Grih Nirman Samiti through sale deed dated 07.02.2003. (xii) The petitioner applied its impleadment in mutation case of Late Ram Jiyawan with application dated 06.08.2012, which was rejected by Naib Tehsildar vide order dated 21.07.2012. (xiii) Against the order dated 21.07.2012 petitioner had filed revision before Commissioner, which was dismissed on 24.01.2023, and thereafter, petitioner filed Writ Petition No.l 1075 of 2013, which was allowed and remanded back to the Commissioner and thereafter the Commissioner allowed the impleadement application of the petitioner vide order dated 15.02.2024. (xiv) Against the order dated 15.02.2024 Rinku Yadav and Smt Seema Yadav filed Revision No. 753 of 2024 before Board of Revenue. (xv) After order dated 15.02.2024 petitioner society was impleaded in mutation Case No. T-202410460211035/2024 pending before Naib Tehsildar. (xvi) Naib Tehsildar vide its order dated 09.04.2024 restrained further sale transaction of Plot No. 1004 and fixed next dated 23.04.2024 for hearing. (xvii) On 23.04.2024 Naib Tehsildar was informed by opposite party that Board of Revenue has summoned its record in Revision No. 753 of 2024 (xviii) Vide order dated 23.04.2024 the Naib Tehsildar recalled the interim order dated 09.04.2024. (xix) The petitioner also prepared revision against the order dated 23.04.2024 before Board of Revenue, registered as Revision No. 1345/2024 (Bahujan Nirbal Varg Cooperative Society Limited Vs. Rinku Yadav and others), clubbed with Revision No. 753 of 2024. (xx) Board of Revenue heard both Revisions together and dismissed both revisions vide order dated 02.01.2025. (xxi) Board of Revenue has rejected petitioner's revision on the ground that order dated 23.04.2024 is interim in nature. 4. On being confronted, after considering the aforesaid factual aspect of the case as also the law related to mutation of name(s) in revenue records and also Section 40A of U.P. Land Revenue Act, 1901 (now repealed) and Section 39 of the U.P. Revenue Code, 2006, the learned counsel for the petitioner says that justice would survive, if the present petition be disposed of, without interfering in the order(s) impugned, with direction to Naib Tehsildar, Chinhat to conclude the proceedings of mutation i.e. Computerized Case No. T202410460211035 titled as Rinku Yadav and others Vs. Bahujan Nirbal Verg Sahkari Grih Nirman Samitte (earlier know as Shanti Devi Vs. Smt. Vishuna Devi and others). 5. Taking note of the aforesaid statement as also the case in issue relates to mutation of name (s) in revenue record, which is summary proceeding, the present petition is disposed of with a direction to Naib Tehsildar, Chinhat to conclude the proceedings of mutation i.e. Computerised Case No. T202410460211035, titled as Rinku Yadav and others Vs. Bahujan Nirbal Verg Sahkari Grih Nirman Samitte (earlier know as Shanti Devi Vs. Smt. Vishuna Devi and others) most expeditiously, after affording full opportunity of hearing to the parties to the litigation and without granting unnecessary adjournment to either of the parties, preferably within a period of three months from the date of certified copy of this order is produced before him in accordance with law, if there is no other legal impediment in this regard. 6. With the aforesaid, the petition is disposed of. Order Date :- 16.4.2025/Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench